if the disputed about the property between the brothers, those who are aggrieved party has to issued a legal notice to them for partition, if they are complied the same, thereafter the said aggrieved party can fie the civil suit for partition before the jurisdictional civil court and the Hon'ble court has been pleased to decide the dispute as well as respective rights and share of the disputed/suit property as per law. This is the procedure.

you need to hire a lawyer as he will help you out in completing all the legalities related to this transaction. the court fees differs from state to state as there are various state amendments in the court fees act. so it would be advisable that you should take advice from a lawyer in this regard

Sir the rule of the partition is that all the share holders get equal value share since your portion is at back and there is no order of partition no registered partition deed then you can file a partition in the civil court of appropriate pecuniary jurisdiction.

the court fee shall be according to the setion 34 AP Court fee and suit valuation act as below:

34. Partition suits :-

(1) In a suit for partition and separate possession of a share of joint family property

or of property owned, jointly or in common, by a plaintiff who has been excluded

from possession of such property, fee shall be computed on the market value of the

movable property or three-fourths of the market value of the immovable property

included in the plaintiffs share.

(2) In a suit for partition and separate possession ot joint family property or

property owned,jointly or in common, by a plaintiff who is in joint possession of

such property, fee shall be paid at the following rates : When the plaint is presented

to-

(i) a District Munsifs Court- Rupees fifty.

(ii) a Subordinate Judges Court or a Dis- Rupees one hundred if the value of trict

Court- plaintiffs share is less than Rs. 10,000. Rupees two hundred if the value is

not less than Rs. 10,000.

(3) Where, in a suit falling under sub-section (1) or sub-section (2), the plaintiff or

the defendant seeks also cancellation of decree or other document of the nature

specified in section 37 , separate fee shall be payable on the relief of cancellation

in the manner specified in that section

Hello,

You may file a petition for partition.

The court fee will be as per the value of the property.

You may get in touch with a local lawyer, who may file the suit for you.

Regards

Court fees is state subject varies from date to state

2) you can file. Suit for partition for division of property by metes and bounds

1. If you file a suit for partition the court will firstly pass a preliminary decree of partition whereupon the court commissioner will be appointed to divide the property through metes and bounds. Once a preliminary decree in a partition suit is passed it results in severance of status of joint family.

2. The court fee part of your question can be answered by only a local lawyer as court fee slab in every state is different.

Dear,

If you seems it's unfair then file partition suit against your brothers.

Consult good local lawyer, because stamp duty is decide according

to the value of property.

1. when did this arrangement of dividing the house into 3 portions happen?

2. if you file a partition suit then your brothers may say that partition is already effected in so and so year and all the parties have acted on it and its already been so many years after which you are filing the suit essentially for claiming greater rights and thus your suit is barred by limitation

3. so with the above in mind you can file a partition suit - the above is the probable defense which your brothers may take to contest the suit proposed to be filed by you

4. the court fee will be 1/3rd amount of the present market value of the house, assuming there are only 3 claimants

Dear Client,

Through partition suit, property will distribute equally by metes and bound. As you are in actual possession of property, so court fees is negligible .

You can file a partition suit for proper partition with metes and bounds and good and bad soil.

The court fee and lawyer fee may be enquired locally.

If you people can sit and talk lot of issues can be solved properly

you should get equal portion by value

2) you should file partition suit for division of property by metes and bounds

12 years limitation period.

One brother took first portion since he was residing there - since how long has he been residing?

Second brother took middle portion and began construction - when did he first began the construction

You learnt about oral partition and allotment of last portion to you from your mother 3 years back

Under law if a party is desirous of enforcing his legal right or making a legal claim then he must do so within a maximum period of 3 years from the date when he first came to know that his right is affected

For a partition suit there is no time limit. A party or co-owner can file file for partition at any time and limitation act is not applicable

But in your case there was an admitted oral partition which happened years back and all parties also acted on it

Even if there is no document on record to prove partition, your brothers can always submit proof about oral partition and try to defeat your claim

So there is no problem in filing a partition suit but do keep in mind above points and then decide

Sir there are good chances that you will get the equal value property by filing the suit there is no limitation for filing partition and further since there was no consent from your side on partition the partition and settlement is not valid,.

No doubt oral partition is valid i law, however if you feel that the partition done at that time is not proper and as per natural justice you may file a fresh partition suit, but since you have accepted the same 15 years back, they may jump into the arena with the defensive weapon called law of adverse possession. You may have to tackle that issue during arguments with the skill of your advocate.

To not to discourage your ideas, you can file a suit by which there are chances for some soultion even by a compromise or through a mediation.

Hi,

You may start a fresh partition suit and ask for equals and just share of properties.

There are good chances that you will get a favorable order.

Engage a good lawyer who may represent you in the best possible manner.

regards